Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-10-09

streets OF Richmond followed by the
Deputy Marshal. Finding that the
alternative was to have this officer with
him continually or go to jail, he ac-
cepted the latter alternative.
Mr.. Scott pursued the like course.
No thought OF receding from the
position taken ever entered the head Of
either. They will not pay the fines
they will not dismiss the suits, but
they will appeal to the United States
Supreme Court by way OF hd6eas cor
pas.
When Mr.. Royal was committed to
the custody of the Marshal he bad the
ampliest latitude allowed him. He
went all over the city at will. No
deputy logged his footsteps. But as
to Mr.. Ayers and Mr.. Scott the orders
were express that they be taken into
"actual custody"
Mr.. AYERS ANSWER.
The answer of the Attorney-Ge
above referred 10, is as follows:
TO me Honorable Judges Of The Circuit Court Of
The United States Jor the Eastern District Of
Pygfnfd
The answer OF r. A. Ayers, Attorney General OF
the State OF Virginia, 70 a rule awarded against
him by this honorable Court by an order enter
ed In the chancery cause OF james L. Cooper ct
ala. against Morton Marye and others, sum-
moning him 70 show cause why he should not
be fined and imprisoned for disobeying the in
junction heretofore awarded In said suit re-
suain,Ag him and others from institutlng tho
suits required by IN act OF the General Assem-
bly, Of Virginia, entitled an act to provide for
the recovery, by motion, of taxes and certain
debts due the Commonwealth, for the payment
Of which papers purporting 10 be genuine c0u-
pOnt OF the Commonwealth have been ten
dered," approved May l2, 1877, by instituting
suit against the Baltimore and Ohio Railroad
Company.
Rep lndent, answering. says that he admits
that he instituted the suit against tho Balu-
moie end Ohio railroad Company TO recover
| taxes due by II 10 the State OF Virginia after
he had been served the injunction order In this
case; that he instituted tho said suit berause
he was theTeunto required by the act OF the
General Assembly Of Virginia aforesaid, and
because he believed this Court had no lurisdic-
ton whatever 70 award tho injunction vio-
lated.
Respondent dlsclaims any intention to treat
the Court with disrespect, and states that he
hRs been actusted alone with the desire TO have
the law properly administered.
Attorney -General Of Virginia.
THE ATTORNEY GENERAL AND Mr.. SCOTT
IN JAIL.
About 1915 o'clock last night At
torney- General Ayers and Mr. Scott
were carried to the city Jail by
United States Marshal Scott and
given into the custody of the
deputy in charge. Both were in excel
lent spirits, and as they were conducted
up the stairs to the Office they
laughed and talked and seemed
rather amused with their peculiar sur
rounding. The deputy gave them the
possession of the Office, the room adj
joining, which is used as a dining room
by the Sergeant and his deputies, and
the next room-Deputy-Sergean Ma
cons bedroom. The third room he
told his visitors they could use to sleep
in if they desired to.
As lie looked with eager interest
around him Acknowledgement Ayers
smiled as he turned to Mr.. Scott and
said "There's nothing extravagant
about this. is there ?"
ono" said Mr. Scott, "this is what
Judge Bond calls our hotel"
The bedroom given the pair has
three windows and two doors. The
windows are barred, and the air of the
room was very warm because the
kitchen was underneath. In one corner
were stacked five guns, and Mr.. Ayers
as be entered the room said: well,
we've got sufficient arms here, even If
We are behind the bars"
AS the reporter left the prisoners
were comfortably seated in the Office
smoking.
MR. AYERs's MOVEMENTS.
Mr.. Ayers was asked last night why
it was that he and Mr.. Scott concluded
to go to jail. He said that the instruc-
tons given the Marshal by Judge
Bond were, as he understood, that they
were to be kept in actual and not in
constructive custody. Marshal Scott
offered to put them under the custody
of deputy to stay with them at their
hotel aud to follow them i'll all their
movements, oil at the expense of the
prisoners. Not caring to be subjected
TO that sort OF custody, they were forced
TO adopt the only other alternative and
60 TO Jail.
AS to the next step Mr.. Ayers said
his associates in this case-Colonel w.
w. Gordon and Mr.. G. V. Meredith
would as soon as the record could be
made out proceed to Washington and
apply to the Supreme court 6each for
a writ of hGbeas corpus.
1t is expected that the record can be
made out by Tuesday evening, and
that On Wednesday the application TO
the court can be made by Colonel Cor
don and MIR. Meredith.
1t is possible, however, that the re-
cord may not be finished by Tuesday.
Meanwhile Messrs. Ayers and Scott
remain in jail.
Governor lee Goes 10 Jaii-On u
Wait.
A Dispatch reporter called at the
Executive Mansion last night about $50
| O'Clock and met his Excellency in his
! Office. The question was asked him:
"What have you to say in reference
TO the arrest and imprisonment of At
torney-G General Ayers and Common
wealth's-Attorney Scott ?"
"What Are they in prison ?" said
the Governor, with surprise and indig-
nantly.
yes; they are going there at 10
o'clock"
"Ill 60 down and see Ayers at once.
Wait till | wash my face and hands. |
have Just returned from Washington, "
remarked the Governor as he started
away.
A few minutes afterwards he return
ed, and, accompanied by the reporter,
went to the jail, where he had CON
sultation with the Acknowledgement.
On the way to the Jail the Governor
spoke freely about Attorney-General
| Ayers's incarceration.
He characterized it as an outrageous
stride upon the Constitution and the
rights of the State. Judge Bond is
opposed" said he, "to the opinions of
the best legal minds of the State-such
men as Judges Irwin, Mclaughlin,
Keith, Hon. ). Randolph Tucker, and
host Of others. An usurping Federal
Judge can take away the liberties
of the people as well by such
methods as they can be manacled
by arms. The Virginia people are law
abiding aud the case will be carried by